Opening Pandora's Box: Good Faith and Precontractual Liability in the CISG
51 Pages Posted: 4 Mar 2009 Last revised: 16 Jun 2009
Date Written: February 26, 2009
An issue that remains unresolved in relation to the United Nations Convention on Contracts for the International Sale of Goods is the role played by good faith. As its name implies, the CISG governs the formation of certain contracts across international boundaries. Because its good faith provision applies to formation, it might follow that the CISG deals with precontractual liability. Of those who have considered this question, a minority argue that it does. However, it is not the aim of this article to answer that question. Instead, this article seeks to critically assess the interpretive methodologies of both sides, identify often unspoken policy choices behind those views, and consider the potential effects of those policies on the CISG's future as a viable and frequent choice of law.
Keywords: United Nations Convention on Contracts for the International Sale of Goods, good faith, precontractual liability, efficiency dilemma, cost-benefit
JEL Classification: K0, K00, K19, K29, K39, K33
Suggested Citation: Suggested Citation